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2023.04.10 Motion for Summary Judgment 649
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...Cal. Evid. Code S 452(d).) For the following reasons, the unopposed MSJ is granted. Factual Background The Complaint alleges that Plaintiff was injured on September 14, 2020 when physical contact was made to him by Defendant Peter Hillard while Mr. Hillard was employed by Defendant GTE. Standard Summary judgment is proper if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled ...
2023.04.10 Motion for Leave to File Amended Complaint 329
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...al causes of action for battery, intentional infliction of emotional distress, and conspiracy. The instant motion is set for hearing on April 10, 2023. Trial is set for April 18, 2023. For the following reasons, the Motion is denied. Brief Factual and Procedural Background SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 July 10, 2019. Plaintiff files her in...
2023.04.10 Motion for Leave to Amend Complaint 299
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...nt arising out of the professional negligence of a health care provider can include a claim for punitive damages. "The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to ...
2023.04.10 Demurrer to FACC 232
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...rt that Pena was fired from Mechanics Bank after it determined he had sexually harassed Pacheco and others. Pena filed this action against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family to harassment, including threats of physical violence. Harassment included frequent, vulgar, and threatening calls and text messages, some referencing Pena's wife and children. Mejia allegedly posted flyers in Pena's neighborh...
2023.04.10 Demurrer 793
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.10
Excerpt: ...gligent misrepresentation is sustained without leave to amend. Allegations of the Second Amended Complaint The operative complaint is the Second Amended Complaint ("SAC") filed on November 18, 2022. Plaintiff Noble Learning Academy ("NLA") is a private school owned and operated by Plaintiffs Cassondra Hull and Mark Hull. Defendant Walnut Creek Presbyterian Church ("WCPC") is a non- profit corporation. (SAC 91-2.) Plaintiff Cassondra Hull ("Plaint...
2023.04.10 Demurrer 613
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.04.10
Excerpt: ...ol. Plaintiffs filed their complaint on December 5, 2022 "pursuant to Code of Civil Procedure section 340.1 for childhood sexual abuse." (Complaint, They contend that they suffered sexual abuse by a teacher at the high school between approximately 2007 and 2009, that "[p]ursuant to SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 04/10/2023 california Government code s...
2023.04.10 Motion for Leave to File TAC 456
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.04.10
Excerpt: ...n of Christopher J. Ohlsen is to be filed by close of business Friday, April 14, 2023. Procedural Background Plaintiff filed their initial complaint on November 19, 2020. A First Amended Complaint (FAC) was filed on March 1, 2021. The FAC set forth six causes of action: (1) Fraud; (2) Negligence; (3) Quiet Title (Declaratory Relief); (4) Breach of Oral Contract; (5) Breach of Written Contract; and (6) Cancellation of Instrument. Defendant City of...
2023.04.06 Special Motion to Strike for Slander 598
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.04.06
Excerpt: ...d the tentative ruling for the March 2, 2023 hearing on this matter. On March 2, this matter was continued to allow Plaintiffs to file objections to evidence. There appears to have been a misunderstanding as to whether the parties were expecting to appear at the next hearing or whether they were expecting a new tentative ruling, which they would be required to contest in the normal manner. Given the misunderstanding, the Court is inclined to let ...
2023.04.06 Motion for Reconsideration of Demurrer from Appeal on Issue of Immunity 506
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.04.06
Excerpt: ...erform a citizen's arrest. The City filed a writ challenging this ruling. The Court of Appeal issued an alternative writ to this Court, which required this Court to reconsider the ruling on the demurrer in light of the City's arguments regarding immunities. The Court of Appeal stated in part: It appears the trial court omitted consideration of petitioner's asserted immunities under Government Code SS 845 and 845 from its analysis of petitioner's ...
2023.04.06 Motion for Attorney Fees 345
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.04.06
Excerpt: ...on an attorney's fees provision which was included in forms for the agreement to process the payroll. These written "Electronic Funds Transfer (EFT) Authorization" forms and "Client Authorization for Payroll Masters to Draw Funds," both had attorney's fees clauses. Defendant and Cross-complainant Shannon 8. Jones Law Group opposes. Legal Standard "underthe American rule, each party to a lawsuit ordinarily pays its own attorney fees. "If such liti...
2023.04.06 Demurrer 543
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.04.06
Excerpt: ...mary of Allegations Plaintiff Peet's Coffee & Tea, LLC ("Plaintiff" or "Peet's") entered into four separate written purchase contracts with Defendant wherein Defendant agreed to ship large amounts of coffee to Peet's in exchange for payment "360 days from delivery." (Complaint 7-10, Exs. A-D.) These contracts were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 04/06/2023 en...
2023.04.05 Demurrer to FACC, Motion to Strike 871
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.05
Excerpt: ...s-complaint. Tulloch sued cross-defendants for (1) professional negligence, (2) breach of written contract (Pacific Union and Compass only), (3) implied indemnity, (4) declaratory relief and (5) enforcement by Tulloch of assignment of Plaintiffs' rights. Cross-defendants demurred to causes of action one, two, three and four based on the failure to state facts sufficient to constitute a cause of action. Negligence (C/A 1) Defendants argue that the...
2023.04.05 Motion for Leave to File Complaint 305
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.05
Excerpt: ...14, 2023. Factual and Procedural Background This matter pertains to a motor vehicle accident that occurred on August 16, 2019 in Brentwood, California. On that date, it is alleged that Plaintiff was driving eastbound on Marsh Creek Road when he signaled and stopped to make a left turn across westbound Marsh Creek Road into his driveway. Defendant Gonzalez failed to stop in a timely manner and collided with the rear of Plaintiff's vehicle. This im...
2023.04.05 Motion for Summary Judgment, Adjudication 591
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.05
Excerpt: ...cond cause of action for violations of Government Code SS 815.2, 815.4, 815.5, 820(a), 830, 835, and 835.2. Defendant mcwes on the grounds that there is no triable issue as to any material fact as to any of Plaintiff's claims against Defendant State and Defendant State is entitled to judgment as a matter of law. As to Summary Adjudication, Defendant State argues that: (1) Defendant State is entitled to summary adjudication as to the Second Cause ...
2023.04.05 Motion for Summary Judgment, Adjudication 955
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.05
Excerpt: ...round Plaintiffs first amended complaint alleges that on June 25, 2020, she was riding a bicycle in a bike lane on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 5-8.) The FAC alleges a single cause of action for negligence and seeks exemplary damages ba...
2023.04.05 Motion to Quash Service of Summons 895
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.04.05
Excerpt: ...lease with the entity Richmond Saigon Seafood Harbor Restaurant, Inc. In 2019, specially appearing defendant Chunfu Yu ("C. Yu"), Brother Union Capital Holding, LLC ("Brother"), and Yi Dong entered into a wrtten guaranty of the rent payments with Plaintiff. (Memo. ISO Mot. p. 3, II. 2-6.) Plaintiff filed the complaint initiating this action against C. Yu and his spouse Li Yu in April 2021, alleging claims for fraudulent transfer, breach of the im...
2023.03.30 Special Motion to Strike for Slander 598
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.30
Excerpt: ... of Chun Huang filed on December 21, 2022 as it was signed by her attorney instead of by Huang. Chun Huang was sworn in and affirmed all statements in that Affidavit. Defendant then requested time to file objections to the Affidavit. The Court granted Defendant's request and ordered that objections be filed by March 10, 2023. Plaintiff would have until March 22, 2023 to file a response. Defendant filed objections ten days late on March 20, 2023 w...
2023.03.30 Petition for Writ of Mandate 738
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...sented, the parties' briefs either just assume their conclusions or bypass discussion of the issues altogether. Accordingly, before reaching the merits of an important public litigation, the Court wants to be sure that it really has both sides' substantive contentions fully laid out for consideration. If either party wants to take issue with the Court's indications on preliminary points, it should do so now, not wait for the tentative on the next...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 638
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McDonalds restaurants throughout the area. Plaintiff worked in one such restaurant as a crew member in 2020. The original complaint was filed on July 30, 2021. PAGA claims were added by amendment in February 2022. The settlement would create a gross settlement fund of $3.5 million. The class representative payment to the plaintiff, and a ...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...in order. The motion is granted, conditioned on submission of a satisfactory supplemental declaration explaining Worksafe and the proposed cy pres provision. A. Background and Settlement Terms Defendant ISP2, and its subsidiaries also named as defendants, are in the business of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/30/2023 10 operating a chain of restaurants...
2023.03.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 604
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...f proposed class representative payments. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their families and caretakers, principally on an in-home basis. Each of plaintffs was employed by defendant for various periods in 2020-2022 in various hourly, non-exempt positions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER...
2023.03.30 Motion for Final Approval of Class Action Settlement 023
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...TE: 03/30/2023 7 A. Background and settlement Terms The original complaint was filed January 8, 2020. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. Since preliminary approval was granted, the administrator has mailed ...
2023.03.30 Demurrer to FAC 506
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.30
Excerpt: ...e Partes abide by the rules and procedures and work together as professionals to move this matter forward. Procedural Background The Complaint in this matter was filed on July 25, 2022. Generally, a party must file a response to a complaint within 30 days after the summons and complaint are served upon them. (CCP S 412.20(a)(3).) To evidence when the complaint was served, the "proofs of service on those defendants must be filed with the court wit...
2023.03.30 Demurrer to FAC 009
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.30
Excerpt: ...nt Young demurs to the Fourth, Fifth, and Sixth causes of action, the only claims asserted against him. Defendant contends that Plaintiff has failed to alleged facts suffcient to constitute each of these causes of acton (CCP S 430.10(e)), and that the Fifth and Sixth causes of action are also uncertain (CCP S 430.10(f).) Defendant's Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (d), (h).) For the follow-ng reasons, Defendant's de...
2023.03.29 Motion to Enforce Settlement Agreement 341
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.29
Excerpt: ...s ("ANM") filed this action for breach of settlement agreement, specific performance, and intentional misrepresentation against Defendant Nikki Bowery on June 29, 2022. On or about March 24, 2021, ANM sold Bowery a Cadillac CTS V (the "Vehicle"). Sometime thereafter, Bowery made various allegations against ANM relating to defects in the Vehicle, which culminated in a Settlement Agreement and Release on June 15, 2022 ("Agreement"). (Ex. A to Decla...
2023.03.27 Motion for Leave to Amend Complaint 498
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ... business Friday, April 7, 2023. Factual and Procedural Background Plaintiff owns a townhome located at 75 Glen Valley Circle in Danville, California (the "Property"). The Property is located within the Camino Ramon Terrace Association and is governed by the relevant CC&R's. Defendant Camino Ramon Terrace Owner's Association is the homeowner's association ("HOA") responsible for the common areas and homes in the Camino Ramon Terrace Association. ...
2023.03.27 Demurrer 601
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...amended complaint by May 8, 2023. If no guardian ad litem is appointment by early May, Plaintiff's counsel shall request an extension of the time to file an amended complaint by ex parte application. The case management conference schedule for April 12, 2023 is continued to June 9, 2023. Kimberley Briggs has filed this lawsuit "as Parent and Natural Gaudian" of Trey Briggs. No guardian ad litem has been appointed in this case and no guardian ad l...
2023.03.27 Demurrer to SAC 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...ado. Defendants are Sutter Delta Medical Center, Sutter Health, Sutter Health dba Sutter Delta Medical Center, and Irene Rodriguez. The action arises from allegations that Rodriguez improperly accessed Plaintiffs' confidential medical information and posted it on social media. Rodriguez is alleged to have been acting in the course and scope of her employment for the Sutter Defendants at the time of the events in this case. In the operative SAC, P...
2023.03.27 Motion for Judgment on the Pleadings 906
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...mbia, Canada for Defendant's alleged failure to repay a loan. Plaintiff obtained an alternative service order allowing Defendant to be served by e-mail and Facebook. Defendant failed to appear, and Plaintiff obtained a default judgment against Defendant. Defendant now resides in Contra Costa County. Plaintiff filed this civil action to recognize the judgment obtained in British Columbia, Canada. Motion Pursuant to Code of Civil Procedure S 438, D...
2023.03.27 Motion to Enforce Settlement Agreement 250
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...d reached agreement that County would pay plaintiff $45,000 in exchange for a dismissal of this action. At the time of the mediation, Plaintiff had appealed her termination with the Contra Costa County Merit Board. The administrative proceedings had been stayed at Plaintiff's request pending the outcome of this case. The parties never executed a written settlement agreement because they disagree as to the material terms of the settlement. County ...
2023.03.27 Motion for Summary Adjudication 719
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...d by defendant East Bay Municipal Utility District ("EBMUD") needed to be relocated. This case is, at bottom, a dispute between CCTA and EBMUD concerning the cost of relocating those pipelines. The parties stipulated to, and the Court ordered, cross motions for summary adjudication. Because the cross motions address the same causes of action, the Court considers it appropriate to issue one consolidated tentative ruling, which will tentatively res...
2023.03.27 Motion to Amend Prayer on FAC 312
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.27
Excerpt: ..."this policy should be applied only 'where no prejudice is shown to the adverse party.' A different result is indicated 'where inexcusable delay and probable prejudice to the opposing party' is shown." [Citations omitted.) (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) Amendment is properly denied where there has been an unreasonable delay in seeking the amendment. (Green v. Rancho Santa Margarita Mortgage Co. (1994) 28 Cal.App....
2023.03.27 Motion to Compel Arbitration and Stay Proceedings 777
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...ting this action. The Complaint alleges three causes of action under the Song- Beverly Consumer Warranty Act, Civil Code section California's vehicle "lemon law" is contained in the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq. (the "Song-Beverly Act") which includes California's "Lemon Law." He alleges claims for breach of express warranty, breach of implied warranty, and failure to timely service and repair his vehicle in...
2023.03.27 Motion to Expunge Lis Pendens 178
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...f the implied covenant of good faith and fair dealing, fraud, and conversion. Wittrien filed, and presumably recorded, a notice of pendency of action on June 15, 2021. In May or June of 2020, the parties entered into negotiations for Wittrien to purchase the Property at 1480 Taylor Road in Bethel Island, California (the "Property") from Defendant Teresa Jo Mazzarella. The Property was in significant disrepair and had been declared a nuisance by t...
2023.03.27 Motion for Summary Judgment 559
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.27
Excerpt: ...s a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Plaintiff moves for summary adjudication against Defendant's 35th affirmative defense which asserts that Defendant's actions are protected by the doctrine of judicial deference set forth in Lamden v. La Jolla Shores Condominium Homeowner's Ass'n (1999) 21 Cal.4th 249. Plaintiff mcwes on the ground that this affirmative defense "is inapplic...
2023.03.23 Motion for Attorney Fees 737
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.23
Excerpt: ...al briefs and now re-affirms that Defendant is entitled to attorney fees. This ruling addresses some additional issues not included in the prior tentative ruling. Joseph Sahar, Nathan Sahar and Michele Sahar sue Said Shefayee and Raymond Miller for (1) malicious prosecution, (2) abuse of process, (3) negligent infliction of emotional distress, (4) intentional infliction of emotional distress and (5) declaratory relief. The complaint arises from a...
2023.03.23 Amended Motion for Approval of PAGA Settlement 249
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.03.23
Excerpt: ...r, only two barriers remained to judicial approval: (1) submission of the entire "confidential" settlement, including provisions governing the settlement of plaintiff's individual claims, to enable the Court to review the totality of the settlement of all issues, for the reasons explained in the prior orders; and (2) provision for a compliance report establishing compliance with the settlement. The parties have now submitted an Amended Motion for...
2023.03.23 Demurrer to FACC, Motion to Strike 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ... OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/23/2023 13 In a nutshell, the fundamental problem with TEG'S cross-complaint against Agra Tech is that it is a defense masquerading as a cross- complaint. Importantly, although there are numerous parties to this litigation, the only party that has sued TEG is Agra Tech. Accordingly, there are no claims against TEG, from plaintiff Natu...
2023.03.23 Demurrer to SAC 870
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ...rrer to the third and fourth causes of action is overruled. Defendant shall answer the complaint within 15 days. Background On September 2, 2022 Plaintiff Shonte Herse filed this action against Defendant Harley-Davidson Motor Company, Inc. ("HDMC"), alleging violations of California's Song-Beverly Act (SBA, Civil Code SS 1790 et seq.), and the federal Magnuson- Moss Warranty Act (MMWA) (15 U.S.C. SS 2300 et seq.). In the operative Second Amended ...
2023.03.23 Motion for Summary Judgment, for Attorney Fees 894
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.23
Excerpt: ... to review the Court's own files in this matter. Procedural Issues Initially, it is worth noting that the below analysis pertains to Plaintiff's Amended Opposition papers due to Plaintiff's failure to follow the proper procedures for filing an opposition to a motion for summary judgment. This is the second time the Court ordered Plaintiff to re-do their papers for failure to file suitable papers and appropriate evidence. As discussed in more deta...
2023.03.23 Motion to Strike or Tax Costs 024
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.23
Excerpt: ...ts be awarded based on Plaintiff Susan Clancy not being awarded any recovery by the jury. l. Except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (S 1032, subd. (bj.) To obtain costs, the prevailing party must file and serve a memorandum of costs, which "must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of c...
2023.03.23 Petition for Coordination 273
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ...on and PAGA case. • Chiesa v. Airgas, No. 34-2022-00325292, filed in Sacramento County on August 17, 2022 as a class action. • Chiesa v. Airgas, No. 34-2022-00328503, filed in Sacramento County on October 19, 2022 by the same plaintiff as the precedng case, as a PAGA-onl',' case. Pursuant to an order of the Chief Justice entered February 16, 2023, Contra Costa Superior Court was assigned to decide the motion, and the Presiding Judge of this c...
2023.03.23 Petition to Compel Arbitration and Stay Proceedings 634
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.23
Excerpt: ...low Felisilda v. FCA US LLC (2020) 53 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 03/23/2023 Page 33 of 38 cal.App.5th 486 given the opinion in Ngo v. BMW of North America, LLC et al., (9th Cir. 2022) 23 F.4th 942 and the possibility that the Second Circuit will decline to follow Felisilda in Ochoa v. Ford Motor Company (8312261), and consequently create a split of autho...
2023.03.23 Request for Preliminary Injunction 289
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.23
Excerpt: ...ends over the single family residence located at 1751 Argonne Drive in Concord (the "Property"). In a separate unlawful detainer action, defendants Dan and Tracey Towne (the "Townes"), who own the Property, are seeking to evict the Plaintiffs. Plaintiffs filed a verified complaint initiating this action alleging nine causes of action against the Townes, including a claim for specific performance, based on an alleged oral agreement made in Septemb...
2023.03.22 Motion for Summary Judgment, Adjudication 955
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.22
Excerpt: ...on Moraga Way when she was struck by a motor vehicle driven by defendant Daniel Kvitko. (UMF Nos. 1, 4.) She alleges she was severely injured in the collision, and defendant Daniel Kvitko fled the scene of the accident. (First Am. Compl. ("FAC") 6-8.) The FAC alleges a single cause of achon for negligence and seeks exemplary damages based on the "despicable" conduct of defendant Daniel Kvitko fleeing the scene of the accident. (FAC "1 11, 12 and ...
2023.03.22 Motion for Summary Adjudication 565
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.22
Excerpt: ...on of each of the first five causes of action contained in the operative first amended complaint ("IAC"), which was filed on June 21, 2022. The original complaint in this action was filed on December 15, 2021. The MSA makes two arguments. First, it says that because the easement at issue here is appurtenant, each of the first five causes of action fails as a matter of law. Second, it says that each of the first five causes of action is time-barre...
2023.03.22 Motion for Leave to File Complaint 235
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.22
Excerpt: ...close of business Thursday, March 30, 2023. Factual and Procedural Background Plaintiff owns and resides in real property located at 163 Lakeshore Court, Richmond, California. Defendants own and reside in real properly located at 162 Lakeshore Court, Richmond, California. Defendant's residence is physically located directly over Plaintiff's residence. Both residences are members in a home owners' association ("HOA"). There apparently have been on...
2023.03.20 Motion for Interlocutory Judgment of Partition by Sale 496
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...Defendant Rashaan Whisenton are joint-tenant owners of the single-family residence located at 128 Regency Drive in Clayton, CA. On or about June 11, 2020 Ms. Strenchock and Defendant purchased the Subject Property for $817,000.00. At the time of the purchase, Plaintiff and Defendant were in a relationship, but not married. On June 11, 2020, a grant deed transferring the Subject Property from third parties to "Rashaan Whisenton, an unmarried man a...
2023.03.20 Motion for Judgment on the Pleadings 769
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ... the defect discussed herein. Any amended pleading shall be filed and served on or before June 20, 2023. Background Dobbs filed his cross-complaint against Rusco on September 30, 2022. (See Rusco's Request for Judicial Notice, Exhibit 1.) The cross-complaint was filed using the judicial council's form complaint for a breach of contract. The caption names as plaintiff, "MICHAEL DOBBS, individually and dba ARCLIGHT CORPORATION." The pleading states...
2023.03.20 Motion for Leave to File SAC 770
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...reopened as to new claims and parties. Discovery is not reopened as between Plaintiff and Defendant Etenne. The April 18, 2023 trial, April 17, 2023 issue conference, and April 12, 2023 settlement conference dates are hereby vacated. The Court sets a Case Management Conference for the case to be at issue on August 8, 2023, at 8:30. Background Plaintiff Prosperre Berreth filed this quiet title action against Defendant Lindsay Etienne on April 19, ...
2023.03.20 Motion for Summary Adjudication 056
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...law. Background Plaintiffs Salvacion Gulingan and Virgilio Gulingan own and reside at the property located at 180 Riverside Drive in Bay Point. Defendants Ying Zhong Su and Zi Wen Yao are the trustees of the Revocable Trust that owns the adjacent property located at 176 Riverside Drive in Bay Point. 80th properties had a downward slope in the backyard. Defendants' predecessor filled the slope and added a patio. To support the fill, Defendants' pr...
2023.03.20 Motion for New Trial 230
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...m to the Plaintiff Plaintiff requests the Court grant him a new trial on the follow-ng grounds: (1) insufficiency of evidence; and (2) error in law by allowing Dr. Hoddick to testify. Analysis A. Suffciency of the Evidence "A new trial shall not be granted upon the ground of insufficiency of the evidence to justify a verdict ... unless after weighing the evidence the court is convinced from the entre record, including reasonable inferences theref...
2023.03.20 Motion to Continue Stay 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ... entered -nto a written residential purchase agreement (the "Contract") for real property located in Pleasant Hill, California. Paragraph 22(B) of the Contract requires, in relevant part, that "any dispute or claim in Law or equity arising between [the Parties] out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration." (the "Arbitration Clause.") On February 22, 2...
2023.03.20 Motion for Summary Judgment 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...s as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/20/2023 15 A. Citations to Evidence. The Court's revised rulings on the parties' evidentiary objections are set forth at the end of this tentative ruling below. The Court has overruled all of plaintiffs' evidentiary objections, and has sustained some but not all of the District's evidentiary objections. Where...
2023.03.20 Motion to Enforce Settlement 352
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...y to borrow funds from a family member. Procedural Background On October 18, 2022, the parties engaged in mediation. At mediation the parties reached an agreement. The agreement was reduced to writing and signed by Plaintiff's and Defendant Miller. The agreement stated Defendant Miller would pay plaintiffs $30,000 within 90 days of signing the agreement. If Defendant Miller did not make such payment within 90 days a stipulated judgment would be e...
2023.03.20 Motion to Set Aside Default 968
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ... set forth six cause of action all related to Defendant's alleged failure to pay for legal services provided to him by Plaintiff. On February 16, 2022, Plaintiff moved for, and received, entry of default against Plaintiff. Default judgment was entered on March 9, 2022. Thereafter, on April 19, 2022, Plaintiff filed his first motion set aside default and default judgment. That motion was granted on June 20, 2022. Defendant filed his answer on June...
2023.03.20 Motion to Strike, Demurrer 207
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.20
Excerpt: ...anDepot") in April 2019. Plaintiff alleges she was added to title and forced to sign a deed of trust securing loanDepot's loan, the proceeds of which were used to buy out Jennifer Corrigan's ex-husband's interest in the property. Plaintiff alleges she was not provided the proper loan disclosures and suffered harm when the property was sold in foreclosure. On November 21, 2022, loanDepot accepted service of the summons and complain via notice and ...
2023.03.20 Motion to Compel Arbitration 566
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.20
Excerpt: ...ance appraisal proceeding. The parties previously went through this process and it resulted in an award. Defendant paid Plaintiffs the full amount of their insurance limits in response to the award. However, this Court vacated the award on July 20, 2022, concluding in part that the appraisal panel's decision to include Covid-related costs in the appraisal award was beyond the appraisal panel's jurisdiction. Now, Plaintiffs seek to engage in the a...
2023.03.16 Motion for Approval of PAGA Settlement 413
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...A case (not a class action), alleging a variety of violations of the Labor Cuie concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for work outside paid SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 10 time, and violations as t...
2023.03.16 Demurrer, Motion to Strike 668
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.16
Excerpt: ...TMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 03/15/2023 9 follows: (a) demurrers to 1st C/A - overruled; (b) general demurrer to the 2nd C/A - sustained, with leave to amend; and (c) demurrers to the third cause of action — overruled. Background Plaintiff Renee Cotton alleges her claims individually "and/or as the Personal Representatives, Surviving Heirs and/or Successors in Interest of" Dorothy Marshall, the decedent, "and/or as Admin...
2023.03.16 Demurrer to FAC 081
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.16
Excerpt: ...e is granted. The City's demurrer is overruled. The City shall file an answer on or before April 5, 2023. The basis for this ruling is as follows. A. The First and Second Causes of Acton (Breach of Contract). The First Cause of Action seeks damages for breach of contract. The Second Cause of Action seeks damages for breach of the implied covenant of faith and fair dealing. Defendant City demurs to these causes of action on the ground that plainti...
2023.03.16 Motion for Preliminary Approval of Class Action Settlement 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...e science research and clinical SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 6 diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 as a class achon. The class claims were dismissed pursuant to an unopposed motion based on an arbitration agreement and class action waiver, but PAGA claims...
2023.03.16 Motion for Preliminary Approval of Class and Representative Action Settlement 784
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ... bus driver. The original complaint was filed on April 24, 2019 as a class action. PAGA claims were added by amendment shortly thereafter. The first amended complaint is the operative pleading. The settlement would create a gross settlement fund of $150,000. The class representative payment to the plaintiff would be $5,000. Attorney's fees would be $50,000 (one-third of the settlement). Litigation costs would not exceed $12,000. The settlement ad...
2023.03.16 Motion for Summary Adjudication 744
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.16
Excerpt: ... met her burden and summary adjudication is denied on the merits. Plaintiff moves for summary adjudication of affirmative defenses two through nineteen in Defendants DeLeon's and Mardel Realty's answer to the fourth amended complaint. "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he caus...
2023.03.15 Motion for Summary Adjudication 645
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.15
Excerpt: ...d assault; (2) intentional infliction of emotional distress; (3) emotional distress; (4) breach of fiduciary duty; (5) punitive damages. Defendant Jacqulyn Sheppard filed an Answer on March 7, 2022. On June 27, 2022, Plaintiffs filed a motion for summary judgment. The caption for the motion indicated the hearing date was September 26, 2022. On that date, Plaintiffs were informed that the motion was not put on the Court's calendar as it lacked the...
2023.03.15 Demurrer to SAC 391
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.03.15
Excerpt: ...fore March 30, 2023. The basis for this ruling is as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 03/15/2023 5 A. The First cause of Acton. The First cause of Acton is for declaratory relief. The Court overrules defendant's demurrer because plaintiffs have adequately alleged an actual controversy over how the subject leases should be interpreted....
2023.03.13 Petition for Relief from Government Code 180
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.13
Excerpt: ...Brief Factual and Procedural Background Respondent alleges that on October 7, 2020 he went to the Pittsburg Dermatology Clinic, because he was suffering from a loss of pigment on his face. (Inital Petition at Exhibit 1 ["Troy King's Complaint Attachment"] at p.l.) Christina Berger, NP noted that the discoloration could be from the straps of the CPAP machine petitioner was using. (ld.) On March 22, 2021 Petitioner sent a message to Dr. Jamal Julia...
2023.03.13 Demurrer to FAC 092
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ...aith and Fair Dealing; (5) Fraudulent Misrepresentation; (6) Negligent Misrepresentation; (7) Quantum Meruit; (8) unjust Enrichment; SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 5 (9) Retaliation in violation of Labor Code 1102.5; (10) Wrongful Constructive Termination in violation of Public Policy; and (11) Defamation. Defendants demur to the FAC in its...
2023.03.13 Demurrer 906
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ...l suit to enforce a judgment obtained in British Columbia, Canada against Defendant Andrea Burbank. Burbank now resides in Contra Costa County. Defendant filed a cross- complaint to declare the Canadian judgment unenforceable. Demurrer Pursuant to California Code of Civil Procedure SS 430.20, 430.30 and 430.60, Defendant/cross-complainant Andrea Burbank demurs to the Answer to Cross-complaint on the ground the Affirmation Defenses set forth in th...
2023.03.13 Demurrer 777
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.13
Excerpt: ... action on August 24, 2022. Plaintiff alleges three causes of action for violation of the California Fair Employment and Housing Act: wrongful termination, hostile work environment harassment, and failure to prevent harassment. Plaintiff alleges he was employed by The Albatross Restaurant, owned by Defendant Mehrasa Bagheri, as a server. Plaintiff alleges that Defendant terminated his employment because he is gay. Plaintiff alleges Defendant fail...
2023.03.13 Demurrer 106
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.13
Excerpt: ... unnecessary. The Court can review the file in this matter, including the Complaint, without need for judicial notice. Defendants' demurrer is overruled. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/13/2023 14 Standard for Demurrer "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. ...
2023.03.09 Application for Leave to File SAC 901
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...before it an unrebutted factual showing by defendant which, if true, demonstrated to the Court's satisfaction that the proposed substitute plaintiff Norma Chayrez could not assert the claims at issue in the case, could not be an adequate class representative, and did not present a timely PAGA claim. As the Court summarized in that tentative ruling: [Chayrez] in fact worked at defendant only two days, in February 2020. During that time she did not...
2023.03.09 Demurrer 630
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...to strike is granted. Plaintiffs have leave to amend. Any amended complaint shall be filed and served on or before March 20, 2023. If plaintiffs opt not to amend, the defendants' time to answer will run from that date. Background Plaintiffs are tenants who have brought suit against their landlord, alleging that their landlord has neglected to repair defects in their apartment, leading to habitability issues, and that the landlord has engaged in h...
2023.03.09 Demurrer 918
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...IAL OFFICER: CLARE MAIER HEARING DATE: 03/09/2023 (1) Breach of Partnership Agreement; (2) Breach of Covenant of Good Faith and Fair Dealing; and (3) Intentional Infliction of Emotional Distress. The first two causes of action are alleged against CrossDefendant Companion Comfort Care, LLC ("Defendant CCC"), while the third cause of achon is alleged against Cross- Defendant Saadat. Cross-Defendants demurrer to the second and third cause of action ...
2023.03.09 Demurrer to FAC 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...ons and for retaliation for asserting rights as tenants. The demurrer is and sustained with leave to amend as to the Eleventh cause of action. It is otherwise overruled. Plaintiffs shall have 30 days from the date of this order in which to amend. Defendants shall have 30 days from service of the amended complaint, or from expiration of Plaintiffs' time to amend, in which to respond. Background/procedural History On September 1, 2021, plaintiff Sa...
2023.03.09 Motion for Preliminary Approval of Class Action Settlement 131
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...tlement would create a gross settlement fund of $390,000. The class representative payment to the plaintiffs would be $7,500. Attorney's fees would be $130,000 (one- third of the settlement). Litigation costs would not exceed $12,500. The settlement administrator's costs are estimated at $7,000. PAGA penalties would be $40,000, resulting in a payment of $30,000 to the LWDA. The net amount paid directly to the class members would be about $185,000...
2023.03.09 Motion to Apply Texas Tort Law 322
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ... comply with rule 3.1116 of the California Rules of Court in future law and motion proceedings. Plaintiffs' Evidence. The bulk of plaintiffs' opposition evidence is of little value to the Court in deciding this motion. For example, plaintiffs' counsel attaches "Material safety data sheet[sl" and a related piece of correspondence as Exhibits 1-7 and 24, with no explanation of the nature or significance of these documents. Equally unhelpful are the...
2023.03.09 Motion to Compel Arbitration 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...t. Parties are ordered to submit plaintiff's individual PAGA claims to arbitration and this proceeding is otherwise stayed, pending the outcome of arbitration. (Code of Civil Procedure S 1281.4.) The Court notes that this is a PAGA-only action. The same plaintiff filed a parallel class action in this Court asserting substantively similar claims. That case was removed to federal court. Defendant filed a parallel moton in the federal case to compel...
2023.03.09 Special Motions to Strike, Demurrers 880
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...dez does not specify the basis for his demurrer beyond citing to Code of Civil Procedure section 430.10. based on the context, however, the Court concludes that the demurrer is based on section 430.10(e), which is that the "pleading does not state facts sufficient to constitute a cause of action." In the Defamation claim, Bay Area Car Rental alleges that Hernandez made statements in a report, comments in social media and Yelp.com. (FACC 64, 65 69...
2023.03.09 Motion for Summary Judgment 984
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.09
Excerpt: ...he suffered injuries falling off a wheel tractor-scraper, Model No. 637G, manufactured by Caterpillar (the "Scraper"). Plaintiffs complaint alleges a first cause of action for negligence and a second cause of achon for strict liability. Caterpillar moves for summary judgment on the complaint, or alternatively, for summary adjudication of each of the two causes of acton. Caterpillar filed a Separate Statement of Undisputed Material Facts ("Def. SS...
2023.03.06 Demurrer to FAC, Motion to Strike 100
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...A COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/06/2023 23 is granted with leave to amend. Plaintiff shall have 30 days from the date of this order in which to amend her complaint. Defendant Nguyen-Traxler shall have 30 days from service of the amended complaint in which to respond. Allegations of the First Amended Complaint This case arises out of injuries allegedly suffered by Dwayne Rideau ("dece...
2023.03.06 Application for Right to Attach Order 294
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.06
Excerpt: ... breach of written agreements, (4) breach of oral contract, (5) breach of implied-in-fact contract, (6) breach of the implied covenant of good faith and fair dealing, (7) unjust enrichment/quantum meruit, (8) promissory estoppel, and (9) civil conspiracy. The Complaint arises out of a real estate transaction for the property at 1406 G Street, Antioch, California 94509. Plaintiffs seek an order for issuance of a writ of attachment against Defendan...
2023.03.06 Demurrer 777
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...whether all of the causes of action as to which the demurrer has been sustained are genuinely necessary for cross-complainant to obtain complete relief. The basis for this ruling is as follows. 2 nd C/A. The Second Cause of Action is for breach of the implied covenant of good faith and fair dealing. The Court overrules cross-defendant's demurrer to this cause of action, for two reasons. First, case law recognizes that there is an implied contract...
2023.03.06 Demurrer to FAC 745
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...LAS HEARING DATE: 03/06/2023 5 to stay this matter. Relevant to this second demurrer, Plaintiff Anthony Astone (“Plaintiff”) entered into a purchase and sale agreement (“Agreement”) for real property located in Cabo San Lucas, Mexico (“Property”). The Agreement stated that Defendant Global Mortgage Group, LLC d/b/a/ MoXi would handle the closing of the transaction. On or about April 12, 2022 Plaintiff received emails that included wir...
2023.03.06 Demurrer to FAC 583
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...relief; (5) promissory estoppel; and (6) intentional interference with contract (Leal individually). Defendant demurs to Plaintiff's causes of action for (1) breach of contract, (5) promissory estoppel, and (6) intentional interference with contract pursuant to Code of Civil Procedure (“CCP”) § 430.10(e) on several grounds. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant req...
2023.03.06 Demurrers to TAC, Motion to Strike 810
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.03.06
Excerpt: ...l demurrers by PSG are overruled, unless otherwise stated below as not addressed by the Court based on the rulings on the general demurrers. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 JUDICIAL OFFICER: JOHN P DEVINE HEARING DATE: 03/06/2023 11 General Factual Background The 3AC filed by Plaintiff Janice Alamillo ("Janice") alleges 26 causes of action against approximately 25 defendants. The defendants include Pla...
2023.03.06 Motion for Judgment on the Pleadings 125
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...at the FAC only alleges a single cause of action as to Defendant Monsanto, she purports to move for judgment on the pleadings as to the whole complaint. (Notice at ¶1.) Notably, the Notice does not indicate that Defendant Monsanto is moving as to the single cause of action to which she is a party. Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Bur...
2023.03.06 Motion for New Trial 130
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...and (6) (insufficiency of the evidence to justify the verdict). (The notice of motion included two other grounds, but those were not briefed in the moving memorandum.) Plaintiffs' main argument is that they were unaware that the City's Planning and Building Director Greg Wolff stated the following in 2019: “I have found nothing in the minutes of the Planning Commission's proceedings, the approving resolution or conditions of approval that state...
2023.03.06 Motion for Reconsideration 198
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...rth, the Court grants the motion for reconsideration. Having reconsidered its November 28, 2022 Order, the Court orders that: (a) the Court's November 28, 2022 is modified, as stated herein; (b) all claims subject to Plaintiff's First Amended Complaint are ordered to arbitration, subject to the arbitrator's determination of whether the "representative" PAGA claims are within the scope of arbitration under the parties' arbitration agreement; and (...
2023.03.06 Motion for Relief from Stay Pending Arbitration 188
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.03.06
Excerpt: ...ngle cause of action (with 18 subparts) against all Defendants, namely violation of standards for residential construction in violation of Civil Code §§ 896 and 897. On February 22, 2022, Plaintiffs filed their Complaint for Damages (“Complaint”) against Defendants Mayari Development, LLC (“Mayari”), Henry Ortiz, Jr., Margarita Veronica Blanco, as an individual and trustee of the Margarita Veronica Blanco- Ortiz Trust (“Ms. Blanco”)...
2023.03.02 Special Motion to Strike for Slander 598
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...(King v. Huang), Defendant sued Plaintiff for various claims related to Defendant's tenancy. Defendant filed a first amended complaint on January 12, 2022. Defendant filed and recorded a lis pendens on the property where Defendant had been a tenant on March 15, 2022. The FAC has the following causes of action: (1) breach of contract, (2) breach of the covenant of quiet enjoyment, (3) intentional infliction of emotional distress, (4) negligence, (...
2023.03.02 Motion to Stay 548
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...ors, including its former Chief Executive Officer, Sam Bankman-Fried, are the subject of numerous pending civil actions, bankruptcy proceedings, and criminal investigations. Bankman-Fried and others are alleged to have misappropriated funds invested on the FTX.com platform, in part through another company owned by Bankman-Fried, Alameda Research. On November 11, 2022, FTX.com announced that it, FTX US, Alameda, and numerous related companies file...
2023.03.02 Motion to Set Aside Default and Dismiss Complaint 348
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...2021. The Complaint alleges that Plaintiff entered into a rental agreement (“Lease”) with Defendant wherein Plaintiff would rent real property located at 2434 Sullivan Street in San Pablo, California (“Property”). Defendant is alleged to be the owner, manager, and/or agent of the owner of the Property. Shortly after taking possession of the Property, Plaintiff noticed numerous habitability and safety issues. Accordingly, Plaintiff filed h...
2023.03.02 Motion to Enforce Settlement 048
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...quired – appearance by Zoom is acceptable. Procedural Background This matter pertains to a property dispute where Plaintiffs contend that they accrued a prescriptive easement across a portion of Defendants' property in San Ramon. It is alleged that when the two adjacent properties were built in approximately 1965, a significant portion of Plaintiffs' driveway was actually built on Defendants' property. As the Plaintiffs, and their predecessors ...
2023.03.02 Motion to Compel Arbitration and Stay Proceedings 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...nd stay further proceedings. (Some of these individuals appear in the case only as trustees for trusts.) The distinctions among these moving defendants are largely irrelevant to the motion, and unless otherwise required, they will be collectively called the “Rhoads defendants” or “Rhoads parties”. Plaintiffs in the case are John Frazer and Cecilia Cruickshank (husband and wife), both suing solely on behalf of a family trust of which they ...
2023.03.02 Motion to Compel Arbitration and Stay Court Proceedings 066
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...mmissions, or that Puri otherwise interfered with Saini's ability to receive commissions from transactions involving the family and friends of Burt Benepal. (Complaint, ¶ 22 and ¶ 30.) • The parties may, but are not required to, arbitrate the claim that plaintiff Saini is owed a 30 percent referral fee for the transaction that closed on June 29, 2022. (Complaint, ¶ 22 and ¶ 23.) This action is stayed pending the outcome of the arbitration. ...
2023.03.02 Motion to Compel Arbitration 594
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...all not prejudice the parties' right to stipulate to arbitration for all plaintiffs, should the parties deem that a more efficient mode of proceeding. Defendants' request for judicial notice is granted. This action is stayed pending the outcome of the arbitration, and of any judicial reference, subject to further court order. The Original Purchaser Plaintiffs. The plaintiffs who were original purchasers of their homes do not dispute that their pu...
2023.03.02 Motion for Judgment on the Pleadings 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...ark Brouwer, obtained the loan in that is the subject of this action in August 2007. The loan was secured by a deed of trust against her single-family residence, located at 2610 Francisco Way in El Cerrito. Plaintiff alleges GFI is a mortgage loan servicer and lender of sorts. Plaintiff alleges Defendant Gregory Funding, LLC (GFL) is the parent company of GFI. Plaintiff also alleges the two entities are the alter ego of each other. As of February...
2023.03.02 Motion for Attorney Fees 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2023.03.02
Excerpt: ...ALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 01/39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 03/02/2023 tentative ruling was fully set forth in the tentative ruling and is incorporated into this tentative ruling as if set forth herein. At the conclusion of the hearing, the Court continued the matter to allow Respondent and Real Party (Respondents) to submit a supplemental opposition directed solely at the “fees on fees” issue, a...
2023.03.02 Demurrer to FAC 240
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.03.02
Excerpt: ...e sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with...

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